South Carolina General Assembly
112th Session, 1997-1998

Bill 1215


                    Current Status

Bill Number:                    1215
Ratification Number:            434
Act Number:                     416
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19980423
Primary Sponsor:                Saleeby
All Sponsors:                   Saleeby and McConnell 
Drafted Document Number:        bbm\9849jm.98
Companion Bill Number:          3897
Date Bill Passed both Bodies:   19980527
Date of Last Amendment:         19980429
Governor's Action:              S
Date of Governor's Action:      19980610
Subject:                        Insurance, Insurer's
                                Rehabilitation and Liquidation Act,
                                reinsurance contracts; original
                                policyholder

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980630  Act No. A416
------  19980610  Signed by Governor
------  19980604  Ratified R434
House   19980527  Read third time, enrolled for
                  ratification
House   19980526  Read second time
House   19980520  Committee report: Favorable              26 HLCI
House   19980505  Introduced, read first time,             26 HLCI
                  referred to Committee
Senate  19980430  Read third time, sent to House
Senate  19980429  Amended, read second time
Senate  19980423  Introduced, read first time,
                  placed on Calendar without reference


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A416, R434, S1215)

AN ACT TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURERS REHABILITATION AND LIQUIDATION ACT, FORMAL PROCEEDINGS, AND REINSURER'S LIABILITY, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE DIFFERENT EXCEPTIONS TO THE RULE THAT PAYMENT MADE DIRECTLY TO AN INSURED OR OTHER CREDITOR DOES NOT DIMINISH THE REINSURER'S OBLIGATION TO THE INSURER'S ESTATE, AND PROVIDE, AMONG OTHER THINGS, THAT THE REINSURANCE IS PAYABLE UNDER CONTRACTS REINSURED BY THE ASSUMING INSURER ON THE BASIS OF REPORTED CLAIMS ALLOWED IN THE LIQUIDATION PROCEEDINGS, SUBJECT TO COURT APPROVAL, WITHOUT DIMINUTION BECAUSE OF THE INSOLVENCY OF THE CEDING INSURER.

Be it enacted by the General Assembly of the State of South Carolina:

Reinsurance payable under reinsured contracts; etc.

SECTION 1. Section 38-27-510 of the 1976 Code is amended to read:

"Section 38-27-510. The amount recoverable by the liquidator from reinsurers may not be reduced as a result of delinquency proceedings. Payment made directly to an insured or other creditor does not diminish the reinsurer's obligation to the insurer's estate except:

(1) where the contract or other written agreement specifically provides another payee of the reinsurance in the event of the insolvency of the ceding insurer; or

(2) where the assuming insurer, with the consent of the direct insured, has assumed the policy obligations of the ceding insurer as direct obligations of the assuming insurer to the payees under the policies and in substitution for the obligations of the ceding insurer to the payees.

The reinsurance is payable under contracts reinsured by the assuming insurer on the basis of reported claims allowed in the liquidation proceedings, subject to court approval, without diminution because of the insolvency of the ceding insurer.

The domiciliary liquidator of an insolvent ceding insurer shall give written notice to the assuming insurer of the pendency of a claim against the ceding insurer on the contract reinsured within a reasonable time after the claim is filed in the liquidation proceeding. During the pendency of the claim, an assuming insurer may investigate the claim and interpose, at its own expense in the proceeding where the claim is to be adjudicated, any defenses which it considers available to the ceding insurer or its liquidator. This expense is chargeable, subject to court approval, against the insolvent ceding insurer as part of the expense of liquidation to the extent of a proportionate share of the benefit which may accrue to the ceding insurer solely as a result of the defense undertaken by the assuming insurer. Where two or more assuming insurers are involved in the same claim and a majority in interest elect to interpose a defense to the claim, the expense must be apportioned in accordance with the terms of the reinsurance agreement as though the expense had been incurred by the ceding insurer."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 10th day of June, 1998.